A. In order to help the defendant work in the astronomical cable, the defendant asked the victim to leave the chair, and there was only an inevitable physical contact in the process, and there was no intention to compel the defendant to commit an indecent act.

In addition, the defendant is getting off from his will and sleeped so that he can not get out of his arms to the victim, and there is no fact that he has drawn up the victim.

B. The sentence of the lower court against an unfair defendant in sentencing (the imprisonment of six months, the order to complete sexual assault treatment programs for forty hours, and the disclosure and notification of personal information for three years) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of facts, the crime of indecent act by force includes not only an indecent act after the other party makes it difficult to resist by assault or intimidation, but also an indecent act committed by the body of the victim. In this case, assault is not necessarily required to suppress the other party’s intent but also a tangible force against the other party’s will (see Supreme Court Decision 2001Do2417, Apr. 26, 2002). Meanwhile, the indecent act refers to an act contrary to the good faith concept, which causes a sense of sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined based on a comprehensive consideration of the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific circumstances leading to the act, objective circumstances surrounding the act, and sexual morality at the time (see Supreme Court Decision 201Do3161, Mar. 16, 2017).